STATE OF MAHARASHTRA Vs. CHATISH ARUNACHALAM DAS

JUDGEMENT

(1.) The Appellant, State of Maharashtra has preferred the present Appeal questioning the correctness of the judgment and order dated 28 January 2011 passed by the Court of Sessions at Dindoshi, Goregaon, Mumbai in Sessions Case No.37 of 2010 thereby acquitting the Respondents under Section 376(2)(g) of the Indian Penal Code and under Section 5 of the Prevention of Immoral Traffic Act.

(2.) The facts in brief which can be enumerated from the record be stated as under :

(3.) Heard Smt. V.R. Bhonsale, learned Additional Public Prosecutor for the Appellant State of Maharashtra and Mr. Arfan Sait, learned advocate appointed for the Respondents. It may be noted here that after the Appeal was admitted, Respondent No.1 Chatish Arunachalam Das was arrested on 24 December 2011 and Respondent No.3 Ashok Baliram Nayak Sahu was arrested on 16 June 2012 by the police as contemplated under Section 390 of the Indian Penal Code. As they could not comply with the bail conditions, they are in jail. As far as accused No.2 Sabir Yusuf Sayyed @ Sameer is concerned, he has availed the bail, however, he did not appear at the time of final hearing of the present Appeal, neither he appointed any advocate to represent him. As Respondents 1 and 3 i.e. original accused Nos.1 and 3 are in jail and are impoverished and could not appoint an advocate at their expenses, hence Advocate Mr. Arfan Sait came to be appointed through legal aid committee to represent Respondents 1 and 3. As Respondent No.2 was not represented by any advocate, at the request of this Court Mr. Arfan Sait, who is well conversant with the facts of the present case expressed his willingness to represent Respondent No.2 and argued the matter for and on behalf of Respondent No.2 also.